Employment Cases: Immunity from Suit (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Employment: Immunity from Suit

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Donnelly v. Herron (5/17/00)

R.C. 4123.741 provides an employee with immunity from a co-employee’s lawsuit when the lawsuit is based on action which occurred “in the course of and arising out of” the employment (applying those terms as they apply for workers’ compensation purposes).

Vote: 7-0
Opinion by: Justice Resnick

Stolz v. J & B Steel Erectors, Inc. (4/19/16)

Subcontractor enrolled in self-insured construction project plan has immunity from tort suit filed by employee of another enrolled subcontractor working on the same project as long as the employee has a┬ácompensable Ohio workers’ compensation claim.

Vote: 5-2
Opinion by: O’Connor